The Sun. — London, England, 1808-12-06 00:00:00

• • • t • • ' 4 t !rho spotless tnnOren a thit sion)!?&I h e , Calls from the Mcither'S soul the bitter teat. Oh Learly lost ! Oh ! transitory flower The blissful vision of a passing bout. He Was exhal rri ; the great Creator 444. His spirit, as the sun the morning aw. THE THEATRE. Hay Market. I?the Company of Performers re oved last night to Mr. CoLmAN'S Theatre, and c ommenc e d thei r career w i t h Th e M ounta i ne i rs, an d a n ew Farce, entitled The School for 4uthors. This i_ ar ee, as we before stated, is the produCtiOn of the . 2 1 e Ur. ToBIN, author of The Honey Moon s and it "ent ains.so much! s te r li ng Merit as.ua increase our re gret that the Public was so soon deprived of a dra rbatic writer so we ll ca l culated to afford them plea- Sure ' Mr. ToBIN i n • t hi s, as i n hi s ot h er wor k , .frils to h ave b een less solicitous to produce a new fo able, th an to bring forth diversified charaLlers, i t reibl e sentiments, bumoUrOLIS .conceits, satirical t r 'kes at htiman life, and neat and pointed lan uage. Th. " of this Piece seems, in some degree, de ,ived fro _ he D„:",,l'ocrrE s Patron i and the Farce of Mho's eve w i f t e :„ and it will hardly suffer in comparison . t i o ' r ' the foi•mer. There,is,acharaCter also en-. mri)vod,4.vhich. bears some - analogy to Seer,the Critic, except that • 1(ormwood is malignant Pg i er than sarcast i c. T he story i s soon. told. , a wealthy cit, ambitious of literary repute, has l'r itien a tragedy, which the managers had accept bat fearful of public censure, he has induced t n r. Cleveland to appear as' the 'author. Cleveland `1 5 . 0 1 ,,",0ve with Jane, Diaper's niece, and is inclined t a - •' °ll ini, in hopes of disposing Diaper to give her . t .` 1 , 4 to him. Diaper, hoWever, had declared that she 1711 enly marry a great'anthor. IPornzwood, the ma 11..nant Critic, is also a pretender to hat s :and con :lvi.Pg that the Tragedy is Clevelintifs, he musters :o party to da4 - nn it, in order to disgrace Cleveland in e 9l)lniOn of Diaper and secure -rant 'fotit himself appears that Cleveland has Written a Comedy, khieh succeeds while the Tragedy is disgracefully tilelietted. Diap er i s mu ch chagrined at the fate of frienddwn Play, but is" $o rejoiced at rhe - auccegs of his., Cleveland,' that h e consents to -his - marriage, I.: " J ane, and Wormwood is properly punished for ; aan and malevolence. •- M t' . Noxell was excellent in Diaper,' BRUNTON in 1 1 / 1 11t 2 tda FARLEY in Iforinwood, JONES in Frank, ch aT6N in Jane, and Mrs. GIBBS in Susan, 4 0( !u!Y Contributed to support the piece. The lik. el 1 7 n ee.reeeived it with great applause, and it is 11 y t o L decdrae one of the stock-pieces of the s t age .. 1.. 4 lieatre was well attended.: The .upper and ! ° Pci 9r Inhby wer eren d ere d warm and Comfortable by fires, add e d by the Covent Garden Managers,. .4 1 the convenient size of .the Theatre rendered Z e ry- word audible throughout th e performance... ,e were so r ry t o fi n d IiBMBLz affeeted by a cold,. vtaerWise his Oaavian had all its.usual merit. is impossible that any body can murnaucztAlie Ispetision of free-admissions, considering the recent ! 98 '9 • which the Managers have su ff ered, the great ex.; Fences nightly occur, and the small dimen ° 5 of the Hay-market Theatre, compared with . :, s vast number of Performers, '&e. who must rte 461 - be retained in their service. • , . . i, T he new Play of l'en'Yitzi has been . so -judiciously i: t i a er _, e r; that its Interest is mucla augmented. The t te s queraCl Scene, whith so absurdly followed a It :,"of greatdistresS, is properly omitted.. Mrs; Yipporzs who is now one of the most pathetic j Etre sses on ' the Stage, appears to peculiar advantage : ti) Iles Play, and is, indeed, an essential support It. Mi' • • • ss Surta, the Actress, late of Covent Garden T -eat're, is; it is said', about to give her hand to Mr. oWER axiic a gentleman of great fortune in the County f o , and who is distinguished for 'his taste ' Qdrnatic entertainments. A . ‘ , t ' IRE 1.R15.--NORTIICOT E is painting a Portrait of IRE SEvuourt, whose recent gallantry in the 'ketis *in live for ever in the naval records of this tit , entry. The Same ingenious Artist is 'proceeding his whole-length' Portrait of Sir CHARLES Bats -4°411i, which w e not i ce d some time ago. Both of Th ese pietures will- do honour to the Artist, and it is be hoped that they will . both come to the En ;raver; as the Public in general will always be gra fted by the sight of British Heroes. ILKIE has been employing himself on a plc thee representing a Child with a cut finger, and p a l 1 - atichnother bindin g u p the wound. - It is nted lie With his usial excellence, but it is a pity that has not a better subject. O..4OLLIKENs is to. make the Statue of Mr. PITT r thl,senate House; Cambridge, and, it will ts doubt -1.9,,Ti0ur to t h e A rt s o f t hi s C ountr y, as ' well i greatest and best Statesman. ..--. let thi! i r , v7E s..---rt wourd be an injustice to merit to --- ‘Yentl dropintothe grave without a tri bute c ernan ~ ‘.l 0 1 respea. He died yesterday morning , in the i2' year of his age. He was a truly amia ble and' aevolent man, and' he gave a strong proof of his Zlilanthropy in being the founder of THE HUMANE ~,,PattlETY, an Institution whiCh has been found highly "iiertil, iiiir - to establish _ which• he employed many Years of his life. So much indeed did this Institu tion engrois his mind and engage his attention, that R)s own immediate interests appeared to him to be 41thordinate considerations. Yet he was always re ady to afford his professional assistance to distress,* blewas solicit ous to g i ve his offspring every possi— advantage of education. It would be difficult -. or—thetnemies of Dr. HAWES, if such a benignant char ater could h ave any enem i es, to say any thing to his disadvantage. There was a simplicity in his manners, th e resu l t.of an innocent and unsuspeding 'll,!art, 'and hi s n ame ought to be recorded among t "ose.'who add e d to the charade'. of the nation, b-. the establishment of an Institution founded in the .Ibost benevolent principles, and which has beed a I ree of renewed happiness to many who might - 4Otherwise bare sunk into wretchedness, aii s ing from `Le dntitnely loss of their dearest relatives. Dr. 4-lAWit Was 6 11 „ ' ~' Senior Physician to the Lotidola aud • -, tY Adi spensaries.: 4'7 REP Br. ••-• • ; . CdtfitT OF KING's MONDAY, Dg6. • . . , • .110Wki 4 V. tIfAELES- A.i3bOTT opened . the. pleadingS, And, stated, that this %%, as an aelion for breach of prorntse of mar riage, which. the Defendant . had made to the Plain tiff, and afterwards. married another woman,' Mr. ATTORNEY GE NER AL said, that the Plaintiff was the daughter of a respettable farmer of Penrose, in Monmouthshire, and that the De . fendant was also a farmer in that .peighbourhood, having ati - estate of 1001. a year, and "being likewise a timber-Merchant. It might be asked, why was not this aaion 'brought in the County, where the injury arose ? The answer to this Was, liat had it not been for the illness of one of the Plaintiff's witnesses, the action would have been sooner settled by proceeding in this . Court r and the Defendant bad declared, that if there should he - any C-,t'ion commenced against him in the Cou nty of Monmouth, he would sell all he had and quit the spot sooner than he would par damages to the Plaintiff, so that, it would be seen, celerity of pro ceeding was an obje6t with the Plaintiff. The marriage of she Defendant with Elizabeth Jones, at Bristol, on the 21st September, 1807, was admitted. Mrs. Ann Evans, th e Pl a i n tiff' s s i ! t er , sa id, that the Plaintiff lived with her father, and that site and the Defendant were intimate three years ago. The ' Witness remembered seeing them at the Bell, at Monmouth, in. June, 1807 ; the Defendant then said, he would marry no other woman but the Plain tiff; the Plaintiff appeared to consent to be his wife. They were all at Monmouth in August following, . when the Defendant •told the Plaintiff to come to Abergavenny on a certain day, from whence they would proceed to Bristol to be married. They im mediately went and bought the wedding-ring, and then parted. The Plaintiff went to Abergavenny at the time appointed, hut the Defendant failed to keep his promise of meeting her, and it was not till No vember that they saw the Defendant again. At thiS time it had been reported that the Defendant was married to another woman. It was in Abergavenny the Witness and the - Plaintiff now met the -Defend ant, and they taxed him with his infidelity. He denied it strenuously, and asked the Plaintiff if she was ready to keep her promise; she said she was if, he was, and the Defendant then bought her gloves and ribbons for favours, which he gave her. - Upon her cross-examination' by Mr. GARROW, .she said she•didn'ot• know of the Plaintiff's sitting on any body's knee at a merry-making,. one Christ - mas ; and knew nothing about a story of a meeting in a dairy. She had heard the Defendant was mar- , ried befbre her last meeting with him at Aberga venny,' but did - not know it. The Plaintiff was about twenty-two, and the Defendant about twenty five years of age-. .• Mr. Howell, the father iof the Plaintiff, said he • had frequently seen-the Plaintiff and the Defendant together about four years ago, for•they were bred up as neighbours; but. never was certain of the De fendant's courtship of his :daughter till 1806, When he met the Defendant at Abergavenny. The De fendantcalled him aside, and told him he had a great inclination to the witness's daughter, and asked what the witness . would. give her. He replied tool. im • mediately,. and eOOl. at his death, provided the De- fendant would make a fair settlement on the Plain . tiff out of'his estate. To. this the Defendant agreed, entrusting the Witness, with some papers, which he said were deeds belonging to his estate; and they both went that . evening home to the Witness's house, where the affair was settled in the presence of the Plaintiff, the. Defendant agreeing to marry her in the May following. He .did not come, however, to the Witness's house till June ; and the Witness, 'being displeased , with his falsehood, did not chuse to speak to .him. In March 1807, the Witness met the Defeildant at' the same . house in Abergavenny again, and told him he had better marry his•present wife, by whom he heard he had had a child and That he•was sure, if he did,.his daughter would never trouble the Defendant any more. The father of this woman, .who was now the Defendant's wife, was present, and said.that the child was to be sent out of the way ; and the Defendant declared he would marry no Woman but the Witness's daughter. Upon his cross-examination, the Witness said the Defendant used to visit his daughter with the rest of his fainily, and sometimes called her from tea on Sunday morning, but always with the Witness's knowledge. Ihis was done some months after the Defendant's connection with his present wife. The Witness knew a William Thomas, who used to visit . his sons and daughters; but never, to his knowledge, , left him alone with the Plaintiff. These visits were three years ago, and if they had occurred since, the ' Witness knew nothing of them. Upon his re-examination, he said he did not know any instance in which his daughter had behaved improperly, either with William Thomas, on with any other Man; nor had he the least reason to think she had. He said he was in Abergavenny again in November 1807, when the A:Tel - Want told him to desire his daughter to send WM back certain things to which she would advert. The Witness then ; taxed hiM with" having been married, but be vehe mently dewed it. That he was married in the previouSSeptember was, however, proved' ,by a certificate, which was here put in and read. Mr. GA - allow then addieSsed the Jury on behalf Of the Defendant, to whose - marriage with his pre sent' wife he shouldpiove' the Plaintiff had con sented, and had expressed to a Witness, whom he should call, that she 'never intended to marry' the Defendant, 'and that - her Only object was - to flirt With him. Robert Davis km:4 the 'Plaintiff and William Thothas, and retrtembeted a merry-making soon after Christmis: 1805, at which they.- and`the Defendant Were present.' The Plaintiff then sat upon Thornaie . s knee all the evening: The - father went to: bed soon' after supper, but the young - folks sat up till nearly break of day. The Witness, a few days after this, had a• conversation with the Plaintiff, in which he asked 'her how, she could veithe Defendant, by Sit-. :ling on Thotnas's.knee :- she answered, she. did%biit,: laugh at the Defendant, and had 'never had any thoughts of -marrying hiM, as she did . trot know how his circumstances stood, and she would never marry` withottt a setlithient. She added, she hked. William Tho Mas and her tonsil] a - great deal better than the Dditindani:. .TlA's she said too last contititteil tbd . . . flaintiff at her lather's hot. - 13e. ;,_\!irlien tile ilness saw her ' il lig1;?. after thristtria§ last, , they then together after, nine o'clock.; aid the P,Ointiff .told the Witness in may . the was down at her,bro .ther's, helping„ hit to cut up a pig. She actually was with'Thomas - in - a room. ~„ , ~ . ~ ~. • Susan. Watkins was at the beuSe of l i lir - . Howell one day in. March '1807,' to see a workman of Ho- well's. ,She then saw the Plaintiff, , who asked bet if the Defendant still went to his present wife's fa. ther's ; the Witness said he did, and the Plaintiff added she thOught it Was the best place for him.— The Witness then' told the Plaintiff, that if it had not been for her (the Plaintiff), the Defendant would have married his present wife' before then. The Plaintiff replied,, she did not want the Defendant, and the Witness Might tell his present wife she gai, - p. up all,'right an'd title to him , for she could haVe his , betters any day to wipe her shoes. ~ Mr. ATTORNEY GENERA L ,2II reply, went through and commented upon the - whole evidence, 'He call- ed the attention of the Jury particelfr ly to the cir cumstance, that it was as long ago as Christmas," . lBo.3, that the Plaintiff innocently sat upon Thomas's knee; and maintained that all these promises' .of martlage, which the Defendant had m a d e as lately' as March, _lBO7, were not 'to be set at naught by a flirtation; • if it was such, that happened in' 1805. . As to the . evidence of her declared prefer e nce o f oth er p ersons to the Defendant, it most probably originated in that wounded pride, which was the natural consieudnee of .the Defendant's inconstancy. The Learned Counsel urged the atrocity of the Defendant's con due, in denying his' marriage. after it had aaually taken place, and said, this could . have been for.no other reason than to gain possession of the Plaintiff's person, when he knew he could not be bound to marry her : it.was for this intended injury, he added, as much as for the real injury consequenr upon the breach of promise of marriage, that the Plaintiff was now to ask for such damages as the Defendant's ..--- circumstances could affOrd. ~. Lord ELLENBOROUGH summed up the evidence, and commented on it with much clearness, and the Jury found a %erditl for the Plaintiff—Damages 1601. DEBERENGER V. SNEATH. This was an a&ion for an assault. The Plaintiffs were partners in a mercantile' concern.-;-The Jury gave sixpence damages. COURT OF COMMON PLEAS i NISI PRIUS. DECEMBER 3. ASSAULT. MONTGOMERY BEADLE. . This was an action brought by one of the seamen of the Surrey E4si ludiarnan, against the Chief-Mate, for two 'assaults. • Thomas Dorrel, a seaman, and John. Robinson, Mate, were called by Mr. Serjeant SEIEFiIIAD to prove the Plaintiff's case: They both . concurred' in the general statement of the facts. While the'ves sel was lying in Diamond harbour, in .the Hoogly river, Bengal, the. Plaintiff, with several others,' went on shore on leave of absence. Si.x of the party, among whom was the Plaintiff, did not return till the end of three days after the expiration,of their term of leave, having been detained for some offence,, the nature of which did not appear. The Defendant' recommended to the crew to cob the Plaintiff and the other offenders. This punishment was, described as consisting in forcing the person who-is to suffer. to lie on his stomach on a water cask, while another person beat him on the back 'with a stave.. -,The crew not coming forward immediately to infliEt this punishment, the. Defendant ordered the Boatswain's Mate to apply it, which was done accordingly, -and the crew received a tub of grog from . the Officer.' The second assault was committed two months after, at,sea, because the. Plaintiff had not put his ham mock in the netting according to the regulations of the ship. This consisted iti , ropes-ending the Plain- tiff. .The witness. Robinson, a strong-built map, :in answer to some questions put by Serjeants;SnEp- HERD and BEsT,.thanked God he had the use of his arm, and laid on the strokes pretty thick. ' He con fesSed,, however, that some of the crew laughed at the scene, and that he could not help laughing him- . self,_ but he said that. the cabbed man certainly did not laugh. , Mr. Serjeant BEST, fOr the Defendant, observed, that this was nothing more than a summary sort of punishment intlided by the crew themselves, for some slight offences which injured. ; the discipline of the ship, but which did not call for the severity of'a regular trial. It was mercy to the Plaintiff,'for it he had been brought to a regular trial, the punishment would have been much more severe. The De fendant, as the punishment was irregular, had, how ever, not justified, and the verdict must therefore be against him ; but, Mader all the circamstances, the smallest coin ought to serve for damages. The Jury retired, and in about two hours returned with a verdi6t for thePlaintiff--Damages 51. The•witness Dorrel in the course of his exami nation, had, in answer to a question from Serjeant BEST, denied that he had ever thrashed the Mid ship Man. After hvretired from the box, he saw the Midshipman, a boy, in Court; and said to him, that if he had not thrashed him he would. Serjeant BEST applied for the interposition of the Court, but as the boy had not been examined as A witness, al though subpcened, Sir JAMES MANSFIELD was of opinion, that the most proper *Way was to take Dorrel before a Ma gistrate, and Oblige him to find security to keep t►re peace. •• ' • • DECEMBER RAMIS V. LESLIE. • this. Was an action to compel the payment of an annuity of 351. granted. by the Defendant,.theHon. John Leslie, to one Wilson, an apothecary, who-had assigned.iLio_the Ylaintitf. , The consideration wa's 210 f.. The pay of . 'the Defendant, as Captain. in the first regiment of Foot . Guards; and whatever salary • mightarise.fronf any future traill.gy. pxoutotiou., \vete, assigned to Chandles, an attorney, in Goldenlquar'e,. to to Secure the annuity' ip the first :place,'atid , • then to pay the surplus to' the Defendant. .• , 1, • TI ? : defence was, that the metubrial of the trans action .had. not been inrolled in Chancery within the . trine litrtited by the Ad that the. mernorial did not, stttliciently. expresi the • natur'e of : ,t he trust; that the consikieration for the ottiivity i by this' graht44 the fiar;i4 of tli'e I ad • r Pi • 4" 11 . ail egad in (le amti s lea. telt. wcro issueg, w114,1i. by, the 'plan of pleading. adtlpt ed, were reduced to four, ,kincii)ally by the nature. of the Pla:zntiff . f.i replication,.upoti. however the Defendant, instead of demurring;;' had rejoined and 16rnie'dan issue„ ' • It appeared in proof, that, the rnernoijai had been duly entered, but. a question arose;. wbethef . ,tho trusts' in the deed .had been sufficiently eipressed in the memorial,-aCCOrding to the, terms of the A 0", it being there' only 'generally, stated, Ont. the pay hod been •agsigned to.. , secure.,the , antfulty, without any Mention .of what was:to-be:done with the surplus. As'the case turned upon this; it .was agreed to, take a verdiEt for the Plaintiff upon three•oft the and a verdia for the Defendant on the fourth, that the matter Of law might' be argued before the court_ An objeaion bad been taken, that:tile original me morial, and not a copy,. ought :tb have been pro duced ; but this was overruled by the ludve. ROE V. SMITH. This. was an eje3rrient to try the right to a•picCe •of ground belonging to.a parcel of land called " Tho. Spice Islands," situate . near. Whilechapel, • Thy' ground had been.of - little value till the makin•g . of the. Commercial road, and there bid been soinedi-spntat as to.the title; in c-onst4inence - of vihiCh the Deen datit.and the other occupiers began to imagine that it was' their (i , ,vo, and refused to give up the posses. sign. The•old gentleman, Jtigliard Roe, : the Plain tiff, clearly made out his rigJit, -and-ih a d Ei .Verdit't: Sir J. MANSFIELD expressed . bWregtet for the bad advice given to•the poor-people who - Occupied thesti Spice Islands--this being the sixth - ot seventh mein brought to . try a right Which- •had been sut - E. ciently decided 'upon the first action, - -r • IR EL4 Vp. • . • 't . •CLONNIELy Nov. Sunda. • last, dittirit divineservice, thehouse of Nicholas Doherty, E 4. of New Inn, was robbed of'all the arms it contain, ed, ,by five men. .A little boy . nearflie place oti. -serving the fellows going off, gave the alarm, whet% they were' pursued by a servant 'of Mr. D.'s, whO happened to. come up at-the Moment, "and overt*, ing three of them, gave them - a right good driibbibg, and took - the' arms from them again, wlfiir he brought hOMe in triumph. -The other twci had pro, .vionsly made their escape, seeing' the military from, New Inn in. pursuit of them, and Wriatunateiy whole escai',ed. On the night of Tuesday, the . . p d instant, anned party; Of from' 30 to 40 men .attacked tlikt - house of one Power,' a'respeaable fartffer residng at Cobltinii, near Killetiaul, in this county. Nit finding so easy; an adinitCan l ee as.lbeyeOected, they removed' a - fLg 'from over - the'door-Itartie, which they sect red2,with a strong rope, tint then faStening the rope lo 'a ;mile . Ithey brought with them, they • tore‘away`the•dbor and fratte.. Having got in, they seized Power's daughter, who was the objeEt of their' view; They plat:led her on horseback, bellied one of the party, and after many circuitous routes, :arrived -. at a house 'neat- the' wOod. of - Ne4'park, which the young woman •describesito be like a bat:- rack;it is so'well stored with arm's and anitiunitiotn of all'deseriptions. . On their arrival here, they sent to Cashel for re.- freghtnent, as well' for their,captive - itsforlhelmielves.;:': and 'she, on finding - them' lieiheci wii h, drink, 'a4d. elated at the success pi - their enterprise, feigned sud denly to be overcome with the 'heat of the room, •and begged perrnission. to breathe • the fresh ai4 which they consented to; consigned he to' the care of an old woman in the house. .13nt the .duerma wad not sufficiently vigilant for her fair charge very quickly contrived• to give her the slip, and concealed herself in the' wood until the hurry of.seareit fisr her 'was, over. She then continued to make across the Country, until Morning, when; almost ;immediately afte'r reaching the 'high road, she was fortunately met by het uncle and some of her friends, , who I,verc in'search of her,, and was condo home without the smallest injury._ LIMERICK, Nov. 29.—Two Gentlemen arrived here front Government on.. Sunday evening, fertile purpose of inquiring particularly into the state of this •County, as to the late disturbances In some parts; thereof; and on •Monday, before our Chief Magi strate, took the usual oaths attached to the Com mission of the Peace, to qualify them as Justices of the County of Limerick, and, we hear, have pro-. ceeded to the Western "Baronies. About 30 stand, ofarms were, on the morning of Friday last, - by the, vigilatice - of the Magistrates in the vicinity of Ennis-, taken from improper persons, who had them- in that dtstria, contrary to, law. , . . •, Nov. 30.=—On the night of Wednesday last, Charles Mahon and Thomas - Crowe, Esqrs. attend ed by a strong , detachment of the North Cork Mi litia, under the command of Major Atkins, a troop Of the 7th „Dragoon - Guards, commanded by Capt. Tweed; and the Ennis'cavalry, under:Brigade-Ma jor. Collis and Lieut. Kean, scoured' the country as far as Cahiracon,' in which excursion they deprdved several improper and unqualified persons of a great quantity of fire arms. They alsci - apprehended on 4, of the gang, who lately robbed, and otherwise seri ously injured, a tythe-prodor, in the neighbourhood of Ballycorry. . , , It is urged, by an Opposition Print : , against a . Gentleman who is said to have been appointed on a Special Mission to Portugal, that he is totally igno rant of the French language. Upon Abe same; prin ciple, the Paper in question would object to send the Gentleman alluded to to France, if he were not ac quainted with the Portnguese tongue. But the pro bability is, that the Gentleman is deemed unfit for the Mi - ssion by that . Paper, not because he is igno-, rant of the French language, but because he is not attached to French cloarinei. . „ . A' Morning Paper says, that Mrs: SIDDOtis is about to enter again into"the tharrioge• state with an English Baron. This, report has been some time in : Circulation, hilt iSlno3t _ probably the effec=t of mere 'gossiping invention. . The 7th Dragoon Guar-cis, •.Bir:Wm. MEADows'a Itegiinent; is statiouecl at Cork. . , Captain BA'aci:Ai . is matched to'g6 at Newmarket You' in I OW) succeSsive hours, it heing.un. derstood that only ono rtaileiito V. 4 &for tcaed ati oXikf‘ E. t.